How to Trademark a Business Name (and Why You Should)

To quote Shakespeare, “what’s in a name?” In business, the answer is, to put it briefly, “a lot.”

Imagine that the world’s largest burger chain had decided to name itself “Helga’s Greasy Patty Shack.” Ray Croc might have never approached the McDonald brothers in the first place. They wouldn’t not have launched one of the most successful business ventures ever.

If you’ve ever started your own company, you know that the hardest part is coming up with a name for the dang thing.

Your business’s name is your first impression of leads, potential investors, and partners alike.

It gives customers an idea of what you offer, but it needs to do more than that. Your business name also needs to communicate legitimacy and trustworthiness.

Once you find a great name, you need to get it trademarked.

Don’t know how to trademark a business name? Keep reading, and we’ll see what we can do about that.

What Does a Trademark Do?

When you do business under a certain name, you want to make sure that you are legally allowed to do so.

Imagine the confusion that would happen if a small store decided to call itself Wal-Mart.

While they might be able to capitalize on that chaos, like many direct-to-DVD movies, t wouldn’t take long for customers to get frustrated.

On the other hand, let’s say you’re naming your business. You’ve invested time and money into coming up with the perfect name, building a brand identity, and designing a logo.

You go to register your domain name, and you make an unfortunate discovery: another company has been using that name for decades.

To prevent this sort of confusion, business names are trademarked.

A trademark makes your company legally distinct. It keeps anyone else from using your business name, capitalizing on your success and stealing your customers.

Why You Need to Trademark a Business Name

You might not think that these problems might not ever affect you. Your business name is unique enough that you don’t have to worry about it.

That’s not a chance you can afford to take.

If someone ever tries to open a business under the same name, and they register their trademark, you might be forced to cease all business under that name.

If that happens, you will need to prove in a court of law that you used the name first.

This might be easy to do if you’ve been operating under this name for years. But if you are just starting a new company, registering a trademark will give you the proof you need in a court of law.

Also, when you trademark a business name, you will be able to see if any other entities are already doing business under this name. This can save you thousands of dollars in legal fees and rebranding costs.

How to Apply For a Trademark

Now that you’ve learned how important it is to trademark a business name, you might be wondering how you can do it yourself.

The trademark process will be different depending on where you live.

In the United States, the process is rather straightforward.

You can trademark a business name at the United States Patent and Trademark Office’s official website.

The application process takes about an hour and a half and costs between $275 and $325. Your application will be approved within six months.

You might also choose to trademark your website name.

Keep in mind though that registering the web extension might allow other companies to do business with the same domain name with a different extension.

For example, if you register YourName.com, a company might be able to use YourName.net. Simply registering the URL without the extension will offer blanket protection.

You do not need a trademark lawyer to register a trademark. However, if your business name is too generic, like “The General Store,” a lawyer will help you find a way to protect your company.

International Trademarks

Even if you are registered with the USPTO, you might be vulnerable to companies using your company name overseas.

This might not be much trouble for smaller companies operating locally.

But if you plan on doing business internationally, you will need to give yourself some more protection.

It’s a good idea to trademark a business name in your key markets.

Trademark law varies by country. Instead of sorting through national regulations, look for an expert to do it for you.

If you plan to do business in Europe, you can take an online class about trademark registration in the European Union. Instead of applying for a trademark in every nation, the EU allows companies to apply for a blanket trademark.

Again, when you trademark a business name abroad, do a search to make sure that there aren’t any other companies in that country with the same name.

If that’s the case, talk to a trademark attorney about your options. You may be able to get away with doing business with a slightly modified business name.

Other Trademark Considerations

Your business name isn’t the only thing you need to worry about when filing a trademark.

You already know how important a logo is to your business. If you fail to trademark your logo, another company may steal it and trademark it before you can.

As important as a logo is for brand recognition and building legitimacy, you can’t afford to leave your logo vulnerable.

You can register your logo the same way you would trademark a business name.

Keep Your Business Protected

Your business’s name is more than just a few words to put on your business cards.

A good business name instills trust and allows your customers to actually find you.

You can’t afford to let your name be vulnerable. Trademark your company name today.